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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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receipt and release

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I want to know about receipt and release in Canadian Law
- What does it refer to Receipt? receipt of Estate? (including cash, house, car, dividends, etc?)

- what does it refer to "release"? Release of what? Does it mean to transfer one's rights to others (a mother transfer her right to get a house to her son after her husband died.) 

Or, does it mean, she will not try to ask anything more than what she has already got and she will not sue the Trustee?


I am a bit confused 

Debra Thal (username) :

So am I.

Debra Thal (username) :

Can you please provide a few of the basic facts?

Customer:

Hi, I want to understand the word in Receipt and Release Document, and what it the purpose of this document. I am helping one lady married with Canadian who passed away but she doesn't speak English.

Debra Thal (username) :

I know you want to know what the words mean but I need to know what the document is for and what it says.

Debra Thal (username) :

- just in a very general away.

Debra Thal (username) :

way.

Customer:

document is the "receipt and release", it saysreleases the Primary and Secondary Estates of the Deceased and the Trustee forall claims of property rights under the Family Law Act (Ontario) and anyentitlement to an equalization of net family property pursuant to the provisions ofthe Family Law Act (Ontario);3. releases the Primary and Secondary Estates of the Deceased and the Trustee fromall claims to beneficial ownership of any property of the Deceased on the basis ofan implied, constructive, or resulting trust or any other basis whatsoever save andexcept for potential claims to Thailand funeral expenses and potential claims tothe lock-box cash;

Customer:

I want to know what does it mean, is it mean the lady agree that she will not file any complaint? What's the meaning of Primary and Secondary Estate?

Debra Thal (username) :

It means that she is giving up all rights to his two estates.

She may have rights under the Family Law Act but is giving them up.

She CANNOT under any circumstances sign this release until she gets independent legal advice.

It means that she gets nothing except funeral expenses and maybe the lock-bosh cash but not definitely.

Customer:

Thanks a lot, what's the different between primary and secondary estate? In this case, is it the same that she waive her rights in everything except cash in box?

Debra Thal (username) :

I assume he has to separate estates , perhaps one here and on in Thailand or has things divided up.

In any event she is saying she gets nothing, ever, cannot change her mind etc.

Customer:

I understand now, that's clear answer. Nice talking with you.

Debra Thal (username) :

You too!

Debra Thal (username) :

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